Andrew Cheung

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The Honourable Chief Justice
Andrew Cheung Kui-nung
GBM
張舉能
Andrew Cheung Kui-nung meet with press 20210111 (cropped).png
3rd Chief Justice of the Court of Final Appeal of Hong Kong
Assumed office
11 January 2021
Appointed byCarrie Lam
Preceded byGeoffrey Ma
Designated National Security Law Judge
Assumed office
2020
Appointed byCarrie Lam
Permanent Judge of the Court of Final Appeal
In office
25 October 2018 – 11 January 2021
Appointed byCarrie Lam
Preceded byRobert Tang
4th Chief Judge of the High Court
In office
20 June 2011 – 24 October 2018
Appointed byDonald Tsang
Preceded byGeoffrey Ma
Succeeded byJeremy Poon
Judge of the Court of First Instance of the High Court
In office
2003–2011
Deputy High Court Judge
In office
2001–2003
Judge of the District Court
In office
2001–2003
Personal details
Born (1961-09-24) 24 September 1961 (age 60)
British Hong Kong
NationalityHong Konger
Alma materHarvard Law School
University of Hong Kong
OccupationJudge
ProfessionBarrister
Andrew Cheung
Traditional Chinese張舉能
Simplified Chinese张举能
In this Chinese name, the family name is Cheung.

The Honourable Chief Justice Andrew Cheung Kui-nung GBM (Chinese: 張舉能; born 24 September 1961) is a Hong Kong judge who serves as the 3rd Chief Justice of the Court of Final Appeal. He previously served as a Permanent Judge of the same court. He was the 4th and longest-serving Chief Judge of the High Court.

Early life[]

Born in Hong Kong on 24 September 1961, Cheung attended Ying Wa College, before reading law at the University of Hong Kong (where his classmates included future judicial colleague Vice-President of the Court of Appeal Johnson Lam and former Hong Kong Bar Association chairperson Winnie Tam SC), and taking a Master of Laws degree at Harvard Law School in the United States.[1] Cheung served briefly as a Lecturer and Demonstrator of the Faculty of Law of the University of Hong Kong on a part-time basis after graduation.[2]

Legal career[]

The Bar: 1985–2001[]

Cheung was called to the Hong Kong Bar in 1985 as a pupil of Audrey Eu SC and began private practice the following year in the chambers of Henry Litton QC; his practice was successful and mainly involved civil and commercial cases.[3][4][5] In 1995, he was admitted as an advocate and solicitor of the Supreme Court of Singapore.[1]

The bench: 2001–[]

Cheung was appointed to the bench in 2001 as a judge of the District Court of Hong Kong. Sitting first as a Deputy High Court Judge in December 2001, he was soon elevated to the Court of First Instance of the High Court in 2003. He was then appointed as the Probate Judge in 2004, before becoming the Judge in charge of the Constitutional and Administrative Law List of the High Court in 2008.[1] His tenure was marked by a number of high-profile rulings relating to constitutional and human rights matters.[6][7]

In June 2011, Cheung succeeded Geoffrey Ma as the Chief Judge of the High Court and President of the Court of Appeal,[8][9] making him the fourth local judge to hold this position.

He was elected an Honorary Bencher of Lincoln's Inn in 2017.[10]

On 21 March 2018, the Judiciary announced his appointment as a Permanent Judge of the Court of Final Appeal with effect from 25 October 2018, succeeding Robert Tang. Cheung's appointment was accompanied by the appointments of Baroness Hale and Beverley McLachlin as Non-Permanent Judges of the city's top court.[11] He held the office of Chief Judge of the High Court for 7 years, 127 days – the longest serving of the four judges who had served in the role.

Cheung is a member of the Judicial Officers Recommendation Commission, which makes recommendations to the Chief Executive on judicial appointments. He is a member of the Law Reform Commission and also chairs or is a member of various committees and working parties within the Judiciary.[12][13][14]

Cheung was announced as the 3rd Chief Justice of the Court of Final Appeal on 24 March 2020, succeeding Geoffrey Ma. His appointment took effect on 11 January 2021. He is the first local law graduate to be appointed Hong Kong's Chief Justice.[4]

Reputation[]

Chief Judge[]

On Cheung's appointment as Chief Judge, Donald Tsang praised Cheung as an outstanding lawyer, and a man of integrity who commands strong respect within and outside the judiciary.[15] Margaret Ng, who represented the legal sector as a Civic Party legislator, remarked that the appointment came as little surprise; whereas senior counsel Ronny Tong, who also served as a legislator with the Civic Party, similarly expressed his approval, observing that: 'He [Cheung] works well with his colleagues in the judiciary and has a nice temperament.' At the age of 49, Tong added that Cheung's appointment would be part of the judiciary's promotion of relatively young judges to senior positions.[16]

The appointment was also welcomed by Chief Justice Geoffrey Ma as well as the then Secretary for Justice Wong Yan-lung.[17] The Legislative Council Motion endorsing Cheung's appointment commended him as 'an outstanding lawyer [who] has the proven ability to handle difficult and complex cases... [as well as] the potential of being a good administrator... of the High Court'.[18] The Bar Association commended his 'well-earned reputation for his legal scholarship as well as his unfailing courtesy and fairness towards litigants and practitioners who appeared before him'.[19]

Permanent Judge[]

Following his announcement as permanent judge of the Court of Final Appeal, academic Eric Cheung commended Cheung as an intelligent and industrious judge.[20] Chief Executive Carrie Lam praised Cheung as "an outstanding lawyer" who has dealt with high-profile cases relating to administrative and constitutional law in recent years.[21]

Chief Justice[]

The announcement on 24 March 2020 of Cheung's appointment as the Chief Justice of the Court of Final Appeal was welcomed by the Hong Kong Bar Association, which released a statement that he 'commands the respect of the Bar' and 'will capably discharge the duties of the Chief Justice in accordance with the requirements of the Basic Law'.[22] Cheung's appointment was also welcomed by the Law Society of Hong Kong, which issued a statement that he 'has a distinguished record of judicial service on the Bench' and 'will continue with the good tradition of Chief Justice Geoffrey Ma to head an independent Judiciary upholding the rule of law which is of cardinal importance to Hong Kong under the principle of One Country Two Systems'.[23] His appointment was also supported by former Chief Justices Andrew Li Kwok-nang and Geoffrey Ma.[24] At a farewell event, Ma commented: “I would not have left this office at all if I thought that nobody was suitable to take over from me. Somebody suitable and good will be taking over, probably better than I, and I am confident of the future”.

However, not all reactions were overwhelmingly positive. Legal sector lawmaker Dennis Kwok raised concerns on Cheung's previous comments regarding China's interference in Hong Kong's legal system, and other legal observers noted that Cheung is "competent but conservative".[25][26] At the same time, legal scholar Simon Young Ngai-man described him as a “highly intelligent judge who approaches the case conscientiously, patiently and with an open mind”. Regarding Cheung's conservative reputation, Young remarked, “People also said Ma … would be a conservative judge on the Court of Final Appeal but this did not prove to be the case entirely,” he said. “There is a special dynamic in the [Court of Final Appeal] where judges have more time to think about the legal issues with the benefit of the wisdom of the other four judges, including the foreign judge and the assistance from the best advocates in Hong Kong and sometimes the United Kingdom.”[27]

References[]

  1. ^ a b c "Annex Curriculum Vitae" (PDF). Government of Hong Kong. 11 April 2011. Retrieved 1 September 2011.
  2. ^ "Judicial Appointment". Government of Hong Kong. 21 August 2003. Retrieved 4 July 2018.
  3. ^ "Next chief justice will preside over cases involving key constitutional disputes". South China Morning Post. 25 March 2020. Retrieved 13 January 2021.
  4. ^ a b "HKU Law congratulates the first homegrown Chief Justice of the HKSAR – Andrew Cheung | Faculty of Law, The University of Hong Kong". Retrieved 13 January 2021.
  5. ^ "QC 'hit parade' comes under fire". South China Morning Post. Retrieved 13 January 2021.
  6. ^ "Andrew Cheung named as new chief judge". South China Morning Post.
  7. ^ "Notable CFI Judgments" (PDF). Hong Kong Legco.
  8. ^ "Cheung named next chief of High Court". The Standard. 12 April 2011. Archived from the original on 16 October 2012. Retrieved 1 September 2011.
  9. ^ "Government Notice No.3932, Gazette 2011 Vol.15 No.25". Government of Hong Kong. 24 June 2011. Retrieved 1 September 2011.
  10. ^ eveb. "List of Benchers". lincolnsinn.org.uk. Archived from the original on 6 October 2018. Retrieved 28 May 2017.
  11. ^ "Top court gets new judges". The Standard. Retrieved 21 March 2018.
  12. ^ "JORC Report 2015" (PDF). Archived from the original (PDF) on 21 March 2018. Retrieved 21 March 2018.
  13. ^ "Hong Kong Court of Final Appeal – The Permanent Judges – The Honourable Mr Justice Andrew CHEUNG Kui-nung". hkcfa.hk.
  14. ^ "Civil And Miscellaneous Lists : Judicial Officers Recommendation Commission". Government of Hong Kong. Archived from the original on 5 August 2017. Retrieved 6 August 2017.
  15. ^ "New Chief Judge named". RTHK. Retrieved 20 September 2016.
  16. ^ "Andrew Cheung named as new chief judge". Retrieved 20 September 2016.
  17. ^ singtao.ca. "法律界讚年輕能幹人緣好 張舉能任高院首席法官_星島日報_加拿大多倫多中文新聞網。 Canada Toronto Chinese newspaper". Sing Tao Daily. Archived from the original on 1 August 2017. Retrieved 22 September 2016.
  18. ^ "Speech by the Chief Secretary for Administration at the meeting of the Legislative Council on 8 June 2011" (PDF).
  19. ^ "Hong Kong Bar Association Fax Cover Sheet" (PDF).
  20. ^ "張舉能10月出任終院常任法官 料處理中文案件". Apple Daily (in Chinese). Retrieved 22 March 2018.
  21. ^ "Chief Exec. Carrie Lam hails 'historic moment' as Hong Kong set to welcome first female judges to top court | Hong Kong Free Press HKFP". Hong Kong Free Press. 2 March 2018. Retrieved 22 March 2018.
  22. ^ "Press Statement by the Hong Kong Bar Association" (PDF). Hong Kong Bar Association. 24 March 2020. Archived from the original (PDF) on 26 March 2020.
  23. ^ "Statement by The Law Society of Hong Kong on Appointment of the Chief Justice of the Court of Final Appeal". Law Society of Hong Kong. 24 March 2020. Archived from the original on 26 March 2020.
  24. ^ "Andrew Cheung to be Hong Kong's next chief justice". South China Morning Post. 24 March 2020. Retrieved 13 January 2021.
  25. ^ "Hong Kong democrats raise concerns over gov'ts choice of new chief justice, Andrew Cheung". Hong Kong Free Press.
  26. ^ "Hong Kong's next chief justice Andrew Cheung will have to deal with several cases involving key constitutional disputes". South China Morning Post.
  27. ^ "Chief justice takes office amid political turmoil, pressure from Beijing". South China Morning Post. 11 January 2021. Retrieved 13 January 2021.
Legal offices
Preceded by Chief Judge of the High Court
2011–2018 		Succeeded by
Jeremy Poon Shiu-chor
Preceded by Permanent Judge of the Court of Final Appeal
2018–2021
Served alongside: Robert Ribeiro, Joseph Fok 		Succeeded by
TBC
New creation Designated National Security Law Judge
2020–Present 		Incumbent
Preceded by Chief Justice of the Court of Final Appeal
2021–Present 		Incumbent
Order of precedence
Preceded by
Carrie Lam
Chief Executive of Hong Kong
 Hong Kong order of precedence
Chief Justice of the Court of Final Appeal 		Succeeded by
Tung Chee Hwa
Former Chief Executives
Retrieved from ""